Discipline and dismissal
- I've drafted incorrect allegations for the disciplinary hearing! What can I do?
- As you already know, when disciplining an employee you must always ensure you hit the nail right on the head when it comes to describing the allegations against him.
So, you need to ensure the allegations you make in the disciplinary notice accurately describe what the employee actually did wrong, so that when the disciplinary hearing comes your employee could have prepared their case, and you ... ››› more
- [17 May 2016]
- The one thing that can turn your dismissal into a CCMA nightmare
- Here's a scenario:
Angelo has been called to a disciplinary hearing because he assaulted a fellow employee. During the hearing, the Chairperson refuses to listen to his side of the story, for the simple reason that the evidence is overwhelmingly against him. All in all, Angelo is fired, after which he refers the case to the CCMA. In the CCMA, the Arbitrator agrees that Angelo is definitely guil... ››› more
- [16 May 2016]
- Desertion: Include these three distinctions in your disciplinary code or risk an unfair dismissal
- Desertion may seem like a fairly straightforward concept to deal with. But the truth is that many employers get it wrong. And one of the biggest reasons for this is that they don't deal with it correctly in their disciplinary codes.
Keep reading to see what I mean...
What can you do when you think your employee's gone AWOL?
Your employee hasn't shown up for work a... ››› more
- [12 May 2016]
- Two simple strategies to effectively deal with workplace desertion
- Here's the scenario: An employee of yours has not come to work for several days now, and in that space of time he's made no effort to contact you with a valid explanation.
In a situation like this, the chances are, he's deserted you. And you'll probably want to dismiss him.
But unfortunately, it's not that simple!
You see, it's up to you to prove it was actually his intention to desert... ››› more
- [11 May 2016]
- Thinking of getting rid of a pregnant employee? Think again! Here's why
- Discrimination in the workplace is generally considered intolerable in South African law, and this includes discrimination against pregnant employees.
But this doesn't stop employers from trying their luck.
But be careful if you're thinking along those lines! Because the chances are that you won't be able to get away with it.
In the following case, you'll see just what happened to an e... ››› more
- [06 May 2016]
- Three steps to take if you suspect an employee is stealing from you
- Many employers have been asking what must happen if they strongly believe an employee is stealing from them.
Well, the answer is simple: You need to take action! Follow your gut! Because by ignoring your suspicions, all you'll be doing is paying for more and more missing items in your workplace.
So to help you take action, here are three steps you should take if you suspect an employee is ... ››› more
- [06 May 2016]
- Here's how to legally entrap an employee
- Scenario: You believe that one of your cleaners is stealing cleaning products from your storeroom, but you have no solid evidence. Now what?
You may consider entrapment. This is when you lure someone into committing an offence for the purpose of building up evidence against them.
But it's not that simple! Because one wrong move will amount to your entrapment attempt being unfair.
So to... ››› more
- [06 May 2016]
- One vital tip when preparing for Conciliation
- Should you ever be faced with a dispute over a dismissal, the chances are you'll have to go through Conciliation.
This is a very useful process as it gives you and your employee the chance to settle a dispute out of Court.
But just because it isn't the Court, doesn't mean it's unimportant! You have to prepare thoroughly for the Conciliation process.
In this article, we'll reveal the mo... ››› more
- [03 May 2016]
- Are you holding a disciplinary hearing? Then follow these 3 rules to describe your allegations correctly
- Describing your allegations, for a disciplinary hearing, is something that should never be taken lightly! Because failing to describe them correctly could see the entire process fall apart, not to mention the CCMA deeming any dismissal from it as unfair
So in order to avoid this, you simply have to describe your allegations correctly.
Here are the 3 legal rules that must be adhered to when... ››› more
- [26 April 2016]
- These 4 issues plague disciplinary systems! Here's how you can prevent them
- It's undeniable! Discipline in the workplace is vital to order and stability, not to mention overall productivity.
But while that may be the case, it's important to keep in mind that if you don't manage your disciplinary system effectively, you could face some major headaches.
So in helping you to manage a truly effective disciplinary system in your workplace, here are the 4 main issues yo... ››› more
- [25 April 2016]
- Consider these 2 factors before holding a disciplinary hearing
- If an employee breaks a rule, many employers will wish to hold a disciplinary hearing.
But not all these employers are right in doing so.
So what does this mean? Well, what I'm saying is that you need to give proper consideration to the hearing as a whole, before deciding to go ahead with it. You see, all too often employers rush into a disciplinary hearing without first considering all the... ››› more
- [25 April 2016]
- Tired of telling your employee to get off Facebook? Here's how you can get rid of him
- How many times have you walked past an employee mucking about on Facebook instead of working? And how many times have you asked him only to do this during his lunch hour or after work?
Are you now blue in the face and sick of asking? There's a way you can dismiss him for not listening to you. It's progressive discipline and here's how to use it….
How to d... ››› more
- [21 April 2016]